Gift look-back period extended from 6 to 10 years and removal of tax reductions based on the donor's age
The amending finance act of 29 July 2011 extends from six to ten years the period during which previous gifts are added back when calculating allowances and the tax scale (Article 784 of the General Tax Code), with a transitional reduction of 10% to 40% on gifts made six to ten years earlier (Article 7). It removes the tax reductions granted according to the donor's age, except for full-ownership gifts of businesses by a donor under 70 (Article 8). The exemption for family gifts of money (Article 790 G) can now be used only once every ten years and the donor age condition is standardised at under 80 (Article 10). The look-back period was extended to fifteen years in August 2012.
Measure originators
A positive amount is revenue or savings for public finances; a negative amount is a cost or lost revenue.
Measure impact
Donors who pass on their assets in several stages must wait ten years, instead of six, before benefiting from the allowances again. Gifts no longer receive a tax reduction based on the donor's age, except for business transfers by a donor under 70. According to the impact assessment cited by the Senate, the longer look-back period brings in €450 million a year and the removal of the reductions €290 million from 2012.
Official references
Sources
Procedure timeline
Follow the progress of this fiscal measure through the different stages of the parliamentary procedure.
Administrative implementation
Entrée en vigueur de la mesure et mise en œuvre par l'administration
President of the Republic signature
Publication au Journal officiel
Possible referral to Constitutional Council
Décision de conformité / censure partielle
National Assembly has the final say
Si échec CMP
Joint committee
Désaccord éventuel
Debate and vote
Debate and vote
Débat et vote en séance publique à l'Assemblée nationale, ou engagement de la responsabilité du Gouvernement (article 49.3)
Council of Ministers
Validation interne